Institute protocols to avoid unsafe workplace liability

As businesses reopen after the lifting of COVID-19 stay-at-home orders, employers are grasping with how to make their workplaces as safe as possible for their employees. Making the task especially difficult are the constant changes in government regulations deeming certain businesses as essential and limiting the extent to which they may operate. Furthermore, employers are faced with the possibility of being sued if an employee contracts the coronavirus at the workplace. Already, businesses across the country are facing lawsuits alleging they failed to maintain safe work environments and safety protocols designed to prevent or limit their employees’ exposure to the virus.

Legislative response

In response to the lawsuits, lobbyists and politicians are pushing for legislation that would protect a business from incurring COVID-19 liability. The legislation may include an increased causation requirement for a lawsuit to be sustained, essentially providing additional hurdles for employees to prove they contracted the coronavirus at work.

Another legislative initiative would be to provide a “safe harbor” from liability if the employer, in good faith, implemented policies to protect employees from becoming infected while at work, such as requiring them to wear masks and practice social distancing. Until any legislation is enacted, you'd be well-advised to implement and maintain protocols designed to keep your workplaces clean and safe and your employees healthy.

What can you do?